A district court ruled that the defendant in a TCPA class action could not compel a plaintiff to arbitration due to the fact that the arbitration language in the company’s terms and conditions was not added until after the plaintiff accepted those terms and conditions.
Tag: Class Actions
Court Awards $89 Million Attorney Fee in TCPA Case
Throughout the various ups and downs of Telephone Consumer Protection Act (TCPA) litigation, federal and state regulatory actions, and precedent-setting court decisions, one of the few consistent truths is that plaintiff attorneys make money hand over fist. A recent case strongly reinforces that truth, with a court entering an order approving a fee of nearly… Continue reading Court Awards $89 Million Attorney Fee in TCPA Case
District Court Rejects Argument That Ringless Voicemail Not Covered by TCPA
A district court in Florida delivered the latest in a series of rulings that undermine the argument that ringless voicemail is not covered by Telephone Consumer Protection Act (TCPA) regulations. The court in the case—Gurzi v. Penn Credit, Case No: 6:19-cv-823-Orl-31EJK, 2020 U.S. Dist. LEXIS 56582 (M.D. Fl. March 30, 2020)—rejected the defendant’s motion for… Continue reading District Court Rejects Argument That Ringless Voicemail Not Covered by TCPA
Second Circuit Follows Broad ATDS Definition from Marks
In the ongoing saga of what sorts of dialing technology is considered an automatic telephone dialing system (ATDS)—and thus subject to the Telephone Consumer Protection Act’s (TCPA) regulations on autodialers—the Second Circuit Court of Appeals has bucked recent trends and adopted the precedent of the Ninth Circuit’s extremely broad ATDS definition from 2018’s Marks v.… Continue reading Second Circuit Follows Broad ATDS Definition from Marks
Two Courts Reject Excel Sheet ATDS Argument
On consecutive days last week, two different district courts in two different circuits handed down rulings in two different Telephone Consumer Protection Act (TCPA) cases that rejected a common argument that would have essentially rendered any computer-based dialer as an Automatic Telephone Dialing System (ATDS). One case—Decapua v. Metro. Prop. & Cas. Ins. Co., C.A.… Continue reading Two Courts Reject Excel Sheet ATDS Argument
PETA Faces TCPA Class Action for Text Messages Advertising Fake Meat
A recent complaint filed in the Southern District of California accuses the animal rights, nonprofit organization People for the Ethical Treatment of Animals (PETA) of violating the Telephone Consumer Protection Act (TCPA) by sending automated text messages promoting the meat substitute Beyond Meat. Beyond Meat is also named as a defendant in the class action.… Continue reading PETA Faces TCPA Class Action for Text Messages Advertising Fake Meat
Court Dismisses Vicarious Liability Claim in TCPA Class Action
Gig economy courier colossus Postmates received a favorable ruling from a district court within the Ninth Circuit in a recent Telephone Consumer Protection Act (TCPA) class action. Rogers v. Postmates Inc., Case No. 19-cv-05619-TSH, 2020 U.S. Dist. LEXIS 36626 (N.D. Cal. March 3, 2020) revolved around vicarious liability claims that the court did not find… Continue reading Court Dismisses Vicarious Liability Claim in TCPA Class Action
Florida Court Rules that Twilio’s Texting Platform is Not an ATDS
In a potentially significant decision, a Florida district court ruled that a prominent text message platform is not an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Twilio is not the defendant in the class action—Northrup v. Innovative Health Ins. Partners, LLC, Case No: 8:17-cv-1890-T-36JSS, 2020 U.S. Dist. LEXIS 31851 (M.D.… Continue reading Florida Court Rules that Twilio’s Texting Platform is Not an ATDS
Court Dismisses TCPA Suit Against Subway on Multiple Grounds
The 7th Circuit dismissed a Telephone Consumer Protection Act (TCPA) class action against Subway, the fast food sandwich chain. The court dismissed the case—Matthew Warciak et al. v. Subway Restaurants Inc.—on two very different grounds. The class action, originally filed in 2016, stems from a text message that the plaintiff received from T-Mobile advertising a… Continue reading Court Dismisses TCPA Suit Against Subway on Multiple Grounds
Certification Denied in TCPA Class Action Against Cannabis Delivery Company
A recent, unsuccessful Telephone Consumer Protection Act (TCPA) class action demonstrates how the emerging legal cannabis industry is a potential target for TCPA lawsuits. The defendant in the case—Derval v. Xaler, Case No 2:19-CV-01881-ODW (JEMx), 2020 U.S. Dist. LEXIS 13912 (C.D. Cal. Jan. 28, 2020)—is Xaler, a California-based cannabis delivery company. The plaintiff claimed that… Continue reading Certification Denied in TCPA Class Action Against Cannabis Delivery Company